CHAPTER 8.36
STREET USE FOR PARADES, OTHER EVENTS
SECTION:
8.36.010: Obstructing Streets Prohibited; Exceptions
8.36.020: Permit Required For Parades, Civic Demonstrations
8.36.030: Application For Permit
8.36.040: Time Of Filing Application
8.36.050: Standards For Issuance
8.36.060: Denial Of Application By Police Chief; Notification
8.36.070: Appeal To City Council
8.36.090: Conduct Of Permittee
8.36.100: Revocation Of Permit
8.36.010 OBSTRUCTING STREETS PROHIBITED; EXCEPTIONS:
It is unlawful for any person to obstruct the free use of any street or sidewalk; provided however, that the provisions hereof shall not apply to funeral processions to the extent the obstruction is reasonably necessary, to students of the schools going to and from classes or when engaging in educational activities under the immediate direction and supervision of proper school authorities, to the extent the obstruction is reasonably necessary, or to any governmental agency acting within the scope of its functions. (1972 Code § 10.36.010)
8.36.020 PERMIT REQUIRED FOR PARADES, CIVIC DEMONSTRATIONS:
Parades and/or civic demonstrations which obstruct the free use of the public streets and/or sidewalks may be permitted, provided the person or organization seeking to conduct such activity obtains the issuance of a street use permit from the chief of police. (1972 Code § 10.36.020)
8.36.030 APPLICATION FOR PERMIT:
Any person or organization seeking the issuance of a street use permit shall file an application therefor with the chief of police on forms to be provided by him, and setting forth the following information:
A. The name, address and telephone number of the person seeking to conduct the event.
B. If the event is to be held by an organization, the name of the organization and the telephone number and address of its principal office or headquarters, together with the names, telephone numbers and addresses of the officers of the organization.
C. The name, address and telephone number of the event chairman, or the person otherwise responsible for its conduct.
D. The date on which the event is to be held.
E. The route to be followed, including the starting and termination points.
F. The approximate number of persons and/or animals and vehicles, and the kinds and type thereof, who will take part in the event.
G. The approximate hours at which the event will start and terminate.
H. The location by streets of any assembly areas for the event.
I. The streets, or portions thereof, to be closed.
J. Such additional information as the chief of police shall deem reasonably necessary in determining whether or not the permit shall issue, under the standards set forth in section 8.36.050 of this chapter. (1972 Code § 10.36.030)
8.36.040 TIME OF FILING APPLICATION:
An application for a street use permit shall be filed with the chief of police not less than ten (10) days before the date on which it is proposed to conduct the event. However, where good cause is shown, the chief of police shall have the authority to consider an application hereunder which has been filed less than ten (10) days before the event date. (1972 Code § 10.36.040)
8.36.050 STANDARDS FOR ISSUANCE:
The chief of police shall issue the street use permit upon a finding that:
A. The conduct of the event will not substantially interrupt the safe and orderly movement of traffic in the area of its route.
B. Any requested temporary closing of a street or streets, or portions thereof, to traffic will not substantially inconvenience the persons who would normally make use thereof.
C. The conduct of the event is not reasonably likely to cause injury to persons or property, provoke disorderly conduct or create a disturbance.
D. The conduct of the event will not require the diversion of so great a number of police officers of the city as to prevent the normal police protection thereof.
E. The concentration of persons and/or animals and vehicles in the event will not unreasonably interfere with proper fire and police protection of areas in the vicinity of the event, its assembly areas, or other areas of the city.
F. The event is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
G. The event is not to be held for the principal purpose of advertising any product, goods or event, and is not designed to be held principally for private profit.
H. The adequate cleanup of litter or debris resulting from the holding of such event is assured. (1972 Code § 10.36.050)
8.36.060 DENIAL OF APPLICATION BY POLICE CHIEF; NOTIFICATION:
The chief of police shall act upon the application for a street use permit within five (5) days after the filing thereof. If the chief of police disapproves the application, he shall mail to the applicant, within five (5) days after the date on which the application was filed, a notice of his action, stating the reasons for his denial of the permit. (1972 Code § 10.36.060)
8.36.070 APPEAL TO CITY COUNCIL:
Any person aggrieved by such action of the chief of police shall have the right to appeal to the city council by filing with the city clerk, within five (5) days from and after the date of denial, a written notice of appeal which shall set forth the grounds for such appeal. The city council shall act on such appeal as expeditiously as possible. (1972 Code § 10.36.070)
8.36.080 CONTENTS OF PERMIT:
Each permit issued under this chapter shall specify the following information:
A. The starting time of the event.
B. The minimum and maximum speeds to be maintained by vehicles participating in the event, if any.
C. The specific portions of streets that may be occupied by participants in the event.
D. In the event streets or portions thereof are sought to be closed to traffic:
1. The specific streets or portions thereof to be closed to traffic, and the period of time during which any closing to traffic shall be in effect;
2. Requirements for the placing and removal of barricades and the marking and lighting thereof;
3. Requirements for the protection of persons and property abutting and near the portion of the street to be closed from danger or annoyance which may be caused by such use.
E. Requirements and instructions for the removal of litter.
F. Such other restrictions, conditions, or limitations as the chief of police shall deem necessary to the enforcement of this chapter. (1972 Code § 10.36.080)
8.36.090 CONDUCT OF PERMITTEE:
A. Compliance With Permit, Laws: Each permittee under this chapter shall comply with all terms, conditions and provisions of the permit and with all applicable laws of the state and of the city.
B. Possession Of Permit: Each such permittee shall, in addition, see to it that the person in charge of the event shall at all times carry the street use permit upon his person during the conduct of the event. (1972 Code § 10.36.090)
8.36.100 REVOCATION OF PERMIT:
The chief of police shall have the authority to revoke a permit issued under this chapter in the event that he finds and determines that any term, condition, restriction or limitation of such permit has been violated, or is being violated, or if he should find that, due to changed circumstances, any one or more of the standards specified in section 8.36.050 of this chapter has not been satisfied. Appeal from any such revocation shall be in accordance with section 8.36.070 of this chapter. (1972 Code § 10.36.100)